General 1.1 The Site is a shopping website provided by VERBE, where you can browse, select and purchase products 1.2 Your access to and use of the Site, including your Orders and purchases of Products through the Site, is governed by these terms and conditions and our Privacy Policy.
Compliance 2.1 By using the Site to browse, select and purchase Products, you agree with us to be bound by, and comply with, these terms and conditions. 2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any Order through the Site. 2.3 You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping. 2.4 You agree not to use the Site for any purpose that is fraudulent, unlawful or otherwise prohibited by these terms and conditions. You may access the Site for your own personal use but otherwise neither the Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent. 2.5 While using this Site, you may not: a. breach any laws, infringe a third party’s rights or act contrary to any relevant standards or codes or make any fraudulent enquiries, purchases or requests; b. use the Site in a manner or way, or post to or transmit to or via the Site any material which interferes with other users or other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site, or post any spam, unsolicited or bulk electronic communications; c. use another person’s details without their permission or impersonate another person; d. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings; e. tamper with or hinder the operation of the Site; f. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site; g. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site; h. modify, adapt, translate or reverse engineer any portion of the Site; i. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site; j. create accounts by automated means or under false or fraudulent pretences; k. violate the security of any computer or other network or engage in illegal conduct; l. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; m. use the Site other than in accordance with these terms and conditions; n. use the Site if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Site; o. fail to pay for Products ordered using your login; p. transfer your login to another party without our consent; q. harvest or otherwise collect information about other customers, including email addresses, without their consent; or r. attempt any of the above acts or engage or permit another person to do any of the above acts.
Your Account 3.1 You: a. must ensure that only authorised users have access to your computer and ensure that your login and password that is used to access the Site and the details of your account are kept in a safe and secure manner; b. must notify us through Customer Service via email during Contact Hours if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account; c. must promptly advise us of any changes to your information provided to us as part of the customer registration process d. must provide us with your date of birth where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you; e. are responsible and liable for any person that uses your login and password to Order Product(s) through the Site; f. agree that we may charge you for all Products that have been ordered using your login and password through the Site; and g. acknowledge that you will check the labels on the Products before consumption or use.
Placing an Order 4.1 You may purchase Products by selecting and submitting your Order through the Site in accordance with these terms and conditions. 4.2 Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including delivery and other charges, fees and taxes) at the time you place the Order, on the terms and conditions set out in these VERBE Online Terms and Conditions. 4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site. 4.4 You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
Acceptance or rejection of an Order 5.1 In certain circumstances, your Order may be rejected, such as where the requested Product is not available or if there is an error in the price or the product description posted on the Site. 5.2 Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will: a. supply the Products in that Order to you in accordance with these terms and conditions (either directly or via our Fulfilment Partners); and b. send you an email confirmation of that Order – though with the nature of the internet we cannot guarantee receipt. Please add info@verbe.com.au or info@verbe.co.za (depending on if you are purchasing from Australia or South Africa, to your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall 5.3 If we reject an Order for Products placed through the Site, we will endeavor (either directly or via our Fulfilment Partner) to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order. 5.4 You may not purchase any Products through this Site for the purpose of resale. In the interests of all our customers, we may refuse to supply if multiple Orders are placed for large quantities of the same Product for the same billing or shipping address.
Delivery of Products 6.1 We will only deliver Products ordered through the Site to a location where we or our Fulfilment Partners provide delivery services. We or our carrier may need to contact you to arrange a delivery date for certain products. We only deliver to addresses in Australia and South Africa. 6.2 You may receive multiple deliveries for your Order, particularly if the products you have ordered are not in stock at your nearest store or are being shipped by our Fulfilment Partners from a different location. This may mean that the Products you order may arrive at different times. However, you will only be charged one Delivery Fee even if your Order is shipped in separate packages. 6.3 The Delivery Fee for your Order depends on the type of Product you Order, (particularly the size and weight), and your location. 6.4 We will do our best to deliver your order by the estimated delivery date. If we can’t do that, we will try to let you know as soon as possible. 6.5 You:
Acknowledge and agree that any person at the Delivery Address who receives the Products is authorized by you to receive your Order;
will ensure that, in the case of Restricted Products, the person authorized by you to receive your Order is over the required age as prescribed by law or as otherwise set out in these terms and conditions; and
Agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your Order through the Site. 6.6 Unless you provide an express authorization to leave a product at the delivery address if no one is present to accept delivery, an appropriate person must be present to accept the delivery of your Order. If you authorize us or our carrier to leave a product at the delivery address when no one is present to accept delivery, you: a. accept the risk of theft or loss of the Product from the time it is delivered; and b. acknowledge that, notwithstanding your authorization, the person delivering the Product has discretion whether to leave the Product at the address. 6.7 We may require the person accepting the delivery of your Order to: a. provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and b. where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained. 6.8 If there is no appropriate person (for example, above 18 years old for Restricted Products or no one where you have not provided authorisation to leave a Product) at the Delivery Address to receive the Order or you are unable to show us the credit card for us to conduct verification checks, then our carrier will not deliver the Products you have ordered. In this instance, we will endeavor to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for the redelivery.
Cancelling an Order for Products 7.1 We (or our Fulfilment Partners) may cancel any part of an Order for Products (including any Orders that we have accepted) without any liability to you for that cancellation at any time if: a. the Products in that Order are not available; or b. there is an error in the price or the product description posted on the Site for the Product; or c. your Order has been placed in breach of these terms and conditions; or d. the Product(s) in that Order have been recalled; 7.2 If we cancel any part of an Order in accordance with: a. Clause 9.1(a) or 9.1(b) (where the Product is unavailable or there is a pricing or product description error) or 9.1(d) (where the Product has been recalled), we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled part of the Order. If any payment has been taken, then: (i) for a wholly cancelled Order, the full payment amount, including the Delivery Fee and any other fees and charges; or (ii) for a partly cancelled Order, the amount paid in respect of cancelled Products, will be refunded to your original payment method, or where VERBE deems appropriate, through an alternative means. b. Clause 9.1(c) (where you are in breach of these terms and conditions), we will provide you with reasonable notice of that cancellation. Provided we are not also in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made may apply. If any payment has been made in excess of $25, we will refund that excess amount to your original payment method , or where VERBE deems appropriate, or through an alternative means; or
Prices, fees and charges 8.1 We will charge you, and you agree to pay the purchase price of each Product that is ordered, the Delivery Fee and any other fees and charges set out in these terms and conditions. 8.2 All prices and Delivery Fees on the Site are in Australian dollars (AU$). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your Order. 8.3 VERBE will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under its contract with you where such failure or delay is caused by an event outside the reasonable control of VERBE
Payment methods 9.1 You may pay the fees and charges for an accepted Order via Stripe 9.2 If we are unable to successfully process your payment for an Order that has been accepted by us, then we may cancel your Order. 9.3 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means. 9.4 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the Order.
Damaged Products and Returns 10.1 The VERBE returns policy applies to all purchases of Products using the Site and forms part of these terms and conditions. If you suspect that a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us by email 10.2 If you consider that a Product was delivered to you in a damaged or defective condition, or is otherwise faulty, you should contact the VERBE via email
Termination 11.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and: a. the breach cannot be remedied; or b. you fail to remedy the breach within 10 days of our notice to you of that breach; or c. if there is an emergency. 11.2 We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and we will refund to you all valid payments received by us for those Products. 11.3 You may cancel your account at any time for any reason provided that: a. any outstanding matters are resolved (such as a suspension on your account); and b. you have paid all outstanding amounts owed by you.
Changes to these terms and conditions 12.1 We may, at our discretion, amend these terms and conditions at any time by publishing any amended terms and conditions on our Site. 12.2 If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you place your Order. 12.3 For any future Orders, these terms and conditions may be different and so we recommend that you read these terms and conditions carefully each time you agree to them prior to placing your Order.
Your privacy and commercial electronic messages 13.1 Unless you have opted out, you agree to us communicating with you via various channels and media (including by email, SMS, phone, mail and by advertising on certain websites and social media) about offers, events and promotions. You agree to continue receiving communications from us until the time that you opt out. 13.2 You may opt out at any time by: For email, SMS, phone and mail: • signing in to your VERBE account and updating your personal details to opt out of receiving marketing and promotional communications; • Emailing us and letting us know what communications you no longer want to receive (if we can’t do it for you, we can certainly help walk you through the process); • sending “STOP” to the number we provide you on any of our marketing or promotional SMSs; or • using the unsubscribe facilities provided in our communications. Opting out of receiving email, SMS, phone and mail communications from VERBE will not opt you out of receiving advertising on certain websites and social media. 13.3 There are, however, some messages that we must be able to send you. These include, for example, messages relating to your VERBE account, important information about products and services that you have purchased (like health and safety recall notices), forgotten passwords, or updates to our T&Cs and Privacy Policy. Opting out of receiving communications from VERBE will not opt you out of receiving these types of messages. 13.4 Our Privacy Policy contains information about how you can seek access to or correct the personal information we hold about you, and how you can complain about a breach of privacy. 13.5 If you have an enquiry about privacy, you can contact us by email
Governing law and enforceability 14.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy. 14.2 This agreement is governed by the laws of Australia and South Africa. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian and South African Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian and South African Consumer Law. 14.3 You alone, and not VERBE, are responsible for ensuring that your activities conducted on the Site are lawful. You must ensure that you comply with all applicable laws in Australia and South Africa. You must also ensure that you strictly comply with these terms and conditions and the policies which form part of these terms and conditions.
Intellectual Property 15.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Site, and is protected by Australian and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to you. 15.2 You: a. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on the Site without our prior written consent; b. must not frame or embed in another website any of the material appearing on the Site without our prior written consent; c. may store a reproduction of the content on the Site on your local computer for the sole purpose of viewing the content; and d. may print hard copies of the content for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use. 15.3 You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related companies without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
Risk of Loss Risk and title in Products passes to you in relation to Orders, on the date and time of delivery to the delivery address; or
Product Descriptions We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided by our suppliers, including in relation to Product descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.
